Applying for a Green Card? What you need to know about Form I-140
Form I-140, also known as the Immigrant Petition for Alien Worker, is a key document in the US employment-based immigration process. It is filed with the US Citizenship and Immigration Services (USCIS) by an employer who wishes to sponsor a foreign worker for permanent residency (green card).
Here’s a breakdown of the key aspects of Form I-140:
Who Needs Form I-140?
Form I-140 is required for foreign nationals seeking to obtain a US green card through employment-based immigration categories. It’s typically filed by the employer (the petitioner) on behalf of the foreign employee (the beneficiary).
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It is used in three primary employment-based categories:
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- EB-1: Priority Workers, including those with extraordinary abilities, outstanding professors or researchers, and multinational executives.
- EB-2: Professionals with advanced degrees or exceptional abilities in the sciences, arts, or business.
- EB-3: Skilled workers, professionals, and other workers.
- In some cases, individuals with extraordinary abilities (EB-1A) may self-petition, meaning they file Form I-140 on their own behalf.
When to File Form I-140?
Employers typically file Form I-140 after receiving an approved PERM Labor Certification from the Department of Labor (DOL) in most EB-2 and EB-3 categories. The PERM certifies that there are no qualified U.S. workers available for the position and that hiring a foreign worker won’t negatively affect U.S. wages.
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